76030 Genetics and the Law
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70311 Torts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78104 Genetics and the Law AND 78105 Genetics and the Law
Description
This subject examines the scope and limitations of existing regulation of genetic technologies with respect to humans. It also considers recent scientific and technological innovations in the area of human genetics and the role and effectiveness of law in managing these new developments. The role of law as a means to control both the development of new genetic technologies and the utilisation of existing technologies is also evaluated. This includes a specific focus on individual decision-making versus responsibility for genetic risk, individual versus group rights, genetic privacy, genetic discrimination, reproductive autonomy, and ownership and control of genetic information and research developments. Specific issues covered include regulatory limits on the use of genetic screening of adults, children and newborns; prenatal genetic testing and genetic testing of adults and children; the regulation of genetic registers, protecting genetic information privacy and the problem of familial information; measures to control genetic discrimination in employment and insurance; the regulation of genetic research through the NHMRC guidelines and other means; the regulation of genetics in medical research including gene therapy, inheritable genetic modification, stem cell research and human somatic cell nuclear transfer (cloning technologies); and the establishment of biobanks and the concept of genomic property.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | critically consider some of the recent scientific and technological innovations in the area of genetics and the ethical and social justice implications for legal regulatory frameworks; |
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| 2. | understand the theoretical material and scholarly work in these new areas and develop critical responses to that material in light of ethical and social justice concerns; |
| 3. | look at the social, economic and political underpinning of legal regulation in this area; |
| 4. | ask questions about how these new technologies may inform our understanding of identity and how that may affect legal categories; |
| 5. | demonstrate an ability to locate, use and cite relevant reference material from both primary and secondary sources relating to this subject; |
| 6. | evaluate complex interdisciplinary material and apply it to the legal context both in oral form and in a written research essay that shows original insight, understanding of ethical issues, the implications for social justice and demonstrates research skills and excellent writing. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1 The subject is run on a seminar style format. This includes delivery of content via mini lectures aimed to provide students with the frameworks and guidance for understanding key principles and cases, interactive learning using case studies, hypotheticals, student group presentations (topics assigned in the first class) and general discussion. This pedagogical mode is aimed at developing the three Graduate Attributes: Critical thinking, Analysis and Evaluation and Social Justice.
Strategy 2 Students are expected to engage in reading prior to attending class and to engage in independent research following up lines of inquiry that are developed in the classroom.
Strategy 3 Students are expected to monitor media sources for emerging issues.
Subject Delivery:
12 x 3hr Seminars
Content (topics)
- The Cult of the Gene
- Genetic Justice
- Epigenetics
- Genetic Testing 1: Adults
- Genetic Testing 2: Future people
- Equality Law 1: Genetic Discrimination
- Equality Law 2: Genetic Privacy
- Crimes and Genes
- Patenting the gene
- Biobanks
- Group rights and genetic identity and Race
- New innovations
Assessment
Assessment task 1: Class participation and Group Presentation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1 and LAW.3.1 |
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| Weight: | 30% |
| Length: | equiv 950 words |
| Criteria: |
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Assessment task 2: Critical Research Essay Preparation Exercise
| Objective(s): | This task addresses the following subject learning objectives: 5 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 20% |
| Length: | 950 words |
| Criteria: |
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Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 50% |
| Length: | 2500 words |
| Criteria: |
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Required texts
A list of readings will be available in the library digital reserve. Supplementary readings will be provided as needed.